US Work and Immigration Options for Foreign Professionals
US Work and Immigration Options for Foreign Professionals
A discussion with two members of our community
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Can H-1 Visa Workers Do Business in the USA
Can H-1 Visa Holders Do Business in the USA?
A community discussion
Reminder: Current Form I-9, Employment Eligibility Verification, Remains Effective After March 31, 2016
Until further notice, employers should continue using Form I-9, Employment Eligibility Verification. This current version of the form continues to be effective even after the Office of Management and Budget control number expiration date of March 31, 2016, has passed. USCIS will provide updated information about the new version of Form I-9 as it becomes available.
Employers May Submit Inquiries If Extension of Status/Change of Employer Petition Has Been Pending for 210 Days or More
On April 21, 2016, USCIS began allowing petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of status or change of employer to submit an inquiry after their petition has been pending for 210 days or more. This inquiry may be based on the petition being outside of normal processing times.
I-941, Application for Entrepreneur Parole
Form I-941, Application for Entrepreneur Parole, is for entrepreneurs to: (1) make an initial request for parole based upon significant public benefit, (2) a subsequent request for parole for an additional period, or (3) file an amended application to notify USCIS of a material change.
Revised Form I-9 Now Available
USCIS released a revised version of Form I-9, Employment Eligibility Verification, on July 17. Instructions for how to download Form I-9 are available on the Form I-9 page. Employers can use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through Sept. 17. On Sept. 18, employers must use the revised form with a revision date of 07/17/17 N.
Rights of Employees
H-1B/H-1B1 Employee Rights
H-1B and H-1B1 workers are granted a number of important rights including:
Profession/Occupation
Immigration Law
Guestbook Entry for RAMA VENKATA PRATAP CHERUVU, United States
Name
RAMA VENKATA PRATAP CHERUVU
Country
United States
State
WASHINGTON
DHS Announces Continuation of International Entrepreneur Parole Program
Release Date
05/10/2021
Program Will Provide Opportunities for Foreign Entrepreneurs
USCIS Memo on Establishing the "Employee-Employer Relationship" in H-1B Petitions
U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites.
EB1 - Outstanding Researcher/Professor
We won this case for an applicant with over sixteen years research experience. She had a substantial publication record. Her expertise was sought for a collaboration with top researchers from the industry. Her contributions to research and academics and her significant international recognition were described in detail in the ten exceptional recommendation letters.
Profession/Occupation
EB1 - Outstanding Researcher/Professor
We were able to provide evidence of this individual's membership in a prestigious professional society, international honors and numerous letters of recommendation from industries leading scientists. This individual acted as a judge of the work of his research peers. We were able to provide 15 letters of recommendation reflecting the innovative work performed by this applicant. We also provided evidence to show the extensive citations of his findings.
Profession/Occupation
USCIS Announces that Current Form I-9 valid until Jan. 21, 2017
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On Aug. 25, the Office of Management and Budget (OMB) approved a revised Form I-9, Employment Eligibility Verification. USCIS must publish a revised form by Nov. 22, 2016. Employers may continue using the current version of Form I-9 with a revision date of 03/08/2013 N until Jan. 21, 2017. After Jan. 21, 2017, all previous versions of Form I-9 will be invalid.
DHS Publishes Final International Entrepreneur Rule
The Department of Homeland Security (DHS) published a final rule to improve the ability of certain promising start-up founders to begin growing their companies within the United States and help improve the nation’s economy through increased capital spending, innovation and job creation.
EB1 - Outstanding Researcher/Professor
We won this case for a tenured-track professor with ten years research and teaching experience. The applicant was a critical component to a U.S. Department of Energy funded project. The applicant was also the key element to securing National Science Foundation funds for his employer. His vast knowledge of inorganic chemistry and his unique multidisciplinary background was proven throughout his numerous recommendation letters offered by experts around the world.
Profession/Occupation
New "Visa" for Entrepreneurs - Significant Public Benefit Parole
USCIS is in the process of implementing a proposed “significant public benefit” parole program for entrepreneurs. This is one of the executive actions on immigration announced by President Obama on November 20, 2014.
USCIS states:
Under this proposed initiative, and based on the USCIS’s existing statutory parole authority, Department of Homeland Security may extend parole, on a case-by-case basis, to eligible founders of start-up enterprises who may not yet qualify for a national interest waiver, but who:
EB1 - Alien of Extraordinary Ability
We won this case stressing the international scope of the extraordinary work that this applicant had done over the course of many years. He was identified by experts around the world as belonging to the top 5% of scientists in his field. His innovative and pioneering work was admired by his research peers around the globe. Many U.S. educational institutes were seeking his services as a research professor. This applicant was "invited" to present his research findings on countless occasions to an audience of the top researchers in the world.
Profession/Occupation
Green Card
EB1 - Outstanding Researcher/Professor
We won this case by providing evidence of the impact of the work this applicant was conducting in her field. Numerous referees provided detailed recommendation letters outlining the necessity for the continued efforts of this applicant. Her teaching capabilities were noted as being far superior to others in her field. This applicant's unique background was shown to be scarce in the United States.
Profession/Occupation
EB1 - Outstanding Researcher
We won this case for the applicant having over eleven years of experience in the field of semiconductor thin films and solar cells. This applicant had received a prestigious international award. We provided evidence of the criteria of this award as well as numerous recommendation letters from other experts in the field describing the competitive nature of the award. Given the level of expertise of this applicant, he was highly sought after to review for prestigious international journals in his field. This is an honor only bestowed on the very best.
Profession/Occupation
EB1 - Outstanding Researcher/Professor
We won this case for the applicant who had eleven years teaching and research experience. Recommendation letters indicated that the applicant had a superb knowledge of not only theory but also economic technique. The applicant was highly regarded by students, peers and experts in the field. He was frequently called upon to review for the top, world-renowned journals in economics.